FTC Is Considering the Need for Stricter Online Privacy Rules

The Federal Trade Commission is looking into establishing stronger online privacy protections that would hold businesses such as Facebook, Google and Twitter more responsible for how they handle consumer data. The early discussions, under the leadership of new chair and vocal Big Tech critic Lina Khan, are addressing the possibility of introducing FTC regulation due to what is perceived as gridlock in Congress in creating a federal law. Privacy and civil rights groups have advocated for a single federal law — similar to Europe’s General Data Protection Regulation (GDPR) — rather than state laws (or no regulation at all). Continue reading FTC Is Considering the Need for Stricter Online Privacy Rules

FTC Reveals Comscore Data Detailing Facebook Dominance

The Federal Trade Commission released Comscore figures showing Facebook’s marketplace dominance. From September 2012 through December 2020, the network generated 92 percent of the monthly time U.S. users spent on social media. In contrast, the combined market shares of Snap, Google+, MeWe and Friendster never exceeded 18 percent in any month during that time frame. A federal judge dismissed the case in June noting that the FTC did not offer details of its monopoly claim; these findings are now part of the FTC’s lawsuit. Continue reading FTC Reveals Comscore Data Detailing Facebook Dominance

Court Dismisses FTC, States Antitrust Suit Against Facebook

U.S. District Court for the District of Columbia judge James Boasberg dismissed antitrust lawsuits against social media giant Facebook brought by the Federal Trade Commission and 48 states. The judge said the states waited too long to bring up a case on deals made in 2012 and 2014 and that prosecutors failed to prove that Facebook holds a monopoly over social networking. The FTC can bring the case back in 30 days but the judge said it would require a lot more detail. Facebook’s stock rose 4.2 percent in the wake of the news. Continue reading Court Dismisses FTC, States Antitrust Suit Against Facebook

Antitrust Law Authority Lina Khan Appointed Chair of the FTC

In a largely bipartisan vote, the Senate appointed antitrust law expert and Columbia Law School associate professor Lina Khan as chair of the Federal Trade Commission after earlier adding her to the agency. Senator Amy Klobuchar announced Khan’s appointment as FTC chair. At 32 years of age, Khan is the youngest person to ever join and lead the FTC. The legal scholar has also been a consistent critic of Big Tech, so her confirmation is evidence that lawmakers from both political parties agree that it is time to further evaluate the growing dominance of those companies. Continue reading Antitrust Law Authority Lina Khan Appointed Chair of the FTC

MoviePass Settles with FTC Over Fraud, Data Security Issues

MoviePass, which shut its doors in January 2019, just settled with the Federal Trade Commission over allegations that it prevented customers from using the service as advertised and did not protect their data privacy. The company offered users one movie ticket per day for any movie at any theater for $9.95 a month but soon had to raise subscription fees and limit movie tickets. The FTC accused the company of deceptively marketing its services, invalidating customer passwords to prevent users from obtaining tickets, and failing to secure user data. Continue reading MoviePass Settles with FTC Over Fraud, Data Security Issues

EU Releases Its Draft Policy to Regulate Artificial Intelligence

The European Union issued a 108-page policy that establishes rules to govern the use of artificial intelligence, setting limits on its use in everything from bank lending and school enrollment to self-driving cars and hiring decisions. Use of artificial intelligence by law enforcement and court systems, considered “high risk” because of the potential to threaten safety and fundamental rights, is also regulated. Live facial recognition in public spaces would be banned except in cases of national security “and other purposes.” Continue reading EU Releases Its Draft Policy to Regulate Artificial Intelligence

Lawsuits Against Facebook Also Target Data Sharing via APIs

This week, the Federal Trade Commission and 46 state attorneys general filed lawsuits against Facebook for anticompetitive practices. But it is also looking at how Facebook leveraged user data to both lure and control third party developers, relying heavily on data sharing via application programming interfaces (APIs). MIT Initiative on the Digital Economy director Sinan Aral noted that the upcoming cases could set a precedent for any platform that shares data via an API and has conditions on that data sharing.

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FTC and States File Lawsuits That Aim to Break Up Facebook

After an 18+ month investigation, the Federal Trade Commission and regulators from 46 states have officially accused Facebook of anticompetitive behavior by purchasing rivals. The separate lawsuits were filed in the U.S. District Court for the District of Columbia. Facebook currently owns three major messaging apps and the suits call for the company’s purchase of Instagram (for $1 billion in 2012) and WhatsApp (for $19 billion in 2014) to be undone. Since the acquisitions, both messaging apps have exploded in popularity. Continue reading FTC and States File Lawsuits That Aim to Break Up Facebook

Facebook Plans to Buy Customer Service Startup Kustomer

Facebook disclosed plans to buy Kustomer, a customer relationship management startup, in a deal valued by sources at close to $1 billion. Crunchbase stated the New York-based Kustomer has raised about $170 million in venture capital funding. Kustomer would help Facebook provide customer support on its main platform and its services such as WhatsApp, Instagram and Facebook Messenger. The deal, subject to regulatory scrutiny, comes as Facebook is already being investigated for its acquisition of startups as anticompetitive behavior. Continue reading Facebook Plans to Buy Customer Service Startup Kustomer

Lawsuits Against Facebook Likely Following Antitrust Probes

Sources said that state and federal investigators plan to bring antitrust charges against Facebook, with a focus on whether its acquisitions of Instagram and WhatsApp created an anticompetitive environment. Investigators examined how Instagram and WhatsApp changed after they were acquired and whether customers had fewer privacy protections. When Facebook purchased WhatsApp in 2014, it vowed to customers and regulators to preserve its strong privacy protections, but later tried to integrate user data into its other services. Continue reading Lawsuits Against Facebook Likely Following Antitrust Probes

Government Report Urges Breakup of Big Tech Monopolies

After a 16-month investigation, the House Judiciary Committee presented a 449-page report stating that Big Tech companies Amazon, Apple, Facebook and Google abused their monopoly positions and calling for reform of the antitrust laws. Lawmakers stated the companies had evolved from startups to “the kinds of monopolies we last saw in the era of oil barons and railroad tycoons” and stated their breakup would restore competition. This marks the biggest antitrust effort since the government sued Microsoft in the 1990s. Continue reading Government Report Urges Breakup of Big Tech Monopolies

Facebook Argues Breakup Would Be Costly, Weaken Security

Facebook’s lawyers, relying on research by the law firm Sidley Austin LLP, prepared a 14-page document that lays out its defenses against government threats to force a break from its messaging service WhatsApp and photo- and video-sharing platform Instagram. Congress and other federal antitrust regulators continue to investigate Facebook, as well as Google, Amazon and Apple, and the House Antitrust Subcommittee is expected to release its findings this month. Facebook’s acquisitions of Instagram in 2012 and WhatsApp in 2014 were vetted by the Federal Trade Commission. Continue reading Facebook Argues Breakup Would Be Costly, Weaken Security

FTC Interviews Mark Zuckerberg as Part of Its Antitrust Probe

The Federal Trade Commission often interviews witnesses under oath as part of investigations that lead to lawsuits. It’s telling, then, that, according to sources, Facebook chief executive Mark Zuckerberg testified remotely and under oath over a two-day FTC “investigative hearing.” Those sources also pointed out that Zuckerberg’s testimony doesn’t guarantee the case is headed toward an antitrust lawsuit but could be used by the FTC and state attorneys to build their case. State officials also participated in the hearing. Continue reading FTC Interviews Mark Zuckerberg as Part of Its Antitrust Probe

Some DOJ Lawyers Warn of a ‘Rush’ to Bring Google Lawsuit

The Justice Department and Attorney General William Barr plan to bring an antitrust lawsuit against Google as soon as this summer, but not all of the DOJ staffers are happy with what they say is an “aggressive timeline.” Critics believe that the case isn’t ready for trial and that they need more time to determine if the “millions of pages of documents” contain enough evidence to win the case. But Deputy Attorney General Jeff Rosen stated that the case is “a major priority” and the DOJ is “going full-tilt.”

Continue reading Some DOJ Lawyers Warn of a ‘Rush’ to Bring Google Lawsuit

Qualcomm Faces Bright 5G Future After Appeals Court Ruling

Qualcomm reached the end of a trying five-year period, battered by antitrust allegations, U.S.-China trade tensions, an activist shareholder and Broadcom’s hostile takeover attempt among other obstacles. This week, the U.S. Court of Appeals for the Ninth Circuit vacated a 2019 ruling by a federal judge that Qualcomm had overcharged phone makers for its patents and abused its monopoly position. Qualcomm chief executive Steve Mollenkopf is now predicting sales of between 175 million and 225 million 5G devices this year. Continue reading Qualcomm Faces Bright 5G Future After Appeals Court Ruling